Abstract
In the times of the digital revolution, the traditional Indian estate planning framework is begging for a metamorphosis. This study deals with electronic wills and blockchain and their incorporation into the domain of Indian succession to make it more efficient, accessible, and secure. Electronic wills are the ones created, signed, and stored digitally as a panacea to archaic paper systems that are very vulnerable to fraud, loss of documents, and inefficiency. With the facilities offered by blockchain, especially through smart contracts, an extremely transparent and immutable estate planning will take shape, where execution of the testator’s intention is guaranteed, legal disputes are minimized, and thus cost is lowered.
This study follows a descriptive methodology of research supported mainly by secondary research from world legal developments and associated academic literature. It studies cases from around the world, especially from the United States, Canada, and the United Kingdom, wherein electronic wills are coming into recognition, while drawing the attention of the larger communities to the very recent yet very amicable judicial bent of mind in India toward digital documents. The article highlights key lacunae in Indian law that pose legal and infrastructural hindrances, especially in the contexts of the Indian Succession Act, the Information Technology Act, and the Bharatiya Sakshya Adhiniyam, currently rendering the acceptance of electronic wills and blockchain applications impossible.
Eventually, this study calls for a complete overhaul of the laws, technological readiness, and an upgrading of digital literacy amongst the masses so as to have a safeguarded, efficient, and inclusive digital estate planning system in India. So, whenever innovation is adopted, India shall be able to future-proof the laws relating to testamentary and serve its more tech-savvy population.
Keywords
Electronic wills, Blockchain Technology, Estate Planning, Smart Contracts, Indian Succession Law, Probate
Introduction
We are all surrounded by copious amounts of technological gizmos, and thousands of new ones come onto the market and into our lives every day. Everything is stored online, from our medical records, identity proofs, to our daily mundane tasks in the form of to-do lists on our phones. It is safe to say that the internet and digital media have become an indispensable part of our lives. As individuals accumulate valuable digital assets, including cryptocurrencies, social media accounts, and online intellectual property, traditional inheritance frameworks struggle to adapt. We have entered into a digital space, and it is only a matter of time before estate planning will also be digitized in the form of electronic wills and blockchain technology.
Estate Planning refers to managing a person’s assets at their death or incapacitation. This process includes the endowment of the state to inheritors and the settlement of debts and taxes. There are 5 components to an estate plan: will, trusts, Nomination, Power of Attorney, and Joint ownership. In this paper, we will be mainly talking about Electronic Wills and Blockchain Technology , and how the current succession laws can be amended to include this upcoming aspect into them.
Electronic wills are the wills that have been written, signed, and/or attested using an electronic medium. Testators’ use of electronic media for wills is hardly surprising given a trend of increasing personal data storage on electronic devices and on the cloud. The concept of an electronic will is a recent development, also called e-will, a digital will, as the term reflects, is making a will online in a proper and secure manner. It provides digital data of your assets, financial investments, properties, and to whom one wants to give his or her property, money, and other assets after his/her demise.
Research Methodology:
This paper is of descriptive nature, and the research is based on secondary sources for a deep analysis of electronic will, probate, and blockchain technology and its possible application in Estate Planning in India. Secondary sources of information, like newspapers, journals, and websites, were used for research.
Literature Review:
“Blockchain Wills” (2020) by Bridget J. Crawford is a groundbreaking article exploring the use of blockchain technology to streamline and perhaps fundamentally change the classical legal processes of will creation and probate. It describes the dying allegiance to archaic formalities of handwritten documents, physical signatures, and in-person witnesses and asserts that in a digital age, these methods very rarely fulfill their then-evidentiary, cautionary, and protective purposes. While analyzing the modern trends in doctrines such as “harmless error rule” and “substantial compliance”, Crawford brings in examples from U.S., Australia, and Canada to prove that a growing number of courts in different jurisdictions are accepting nontraditional and electronic wills, including those that operate on smartphones, tablets, or cloud services. The paper argues further for the application of blockchain technology in creating time-stamped, immutable, and digitally signed wills that fulfill both legal and technological standards of authenticity.
According to Crawford, blockchain could act as a secure digital ledger for wills, safeguarding the substance of documents against fraudulent alterations after the testator’s death.Crawford suggests that one can use blockchain as a digital secure ledger for wills to preserve document integrity and prevent any post-mortem fraud. She now sees the possibility of merging blockchain with the Uniform Electronic Wills Act (2019) and other similar legislative frameworks, contending smart contracts and digital identity checks can further increase the trustworthiness and convenience of electronic wills. The article also states that the legal profession has been slow in adopting blockchain innovations, warning that lawyers risk becoming dinosaurs while financial institutions and governments increasingly adopt blockchain-based systems.
Crawford’s interdisciplinary approach spans estate law, digital innovation, and legal reform to make a compelling argument for the rethinking of testamentary practices for the 21st century. Hence, it sets a foundation for subsequent research and policy development on digital estate planning, which is pertinent for a country like India where these are yet to get any legal recognition.
Electronic Wills & the World
Due to the shared history, much of Indian law emanates from the UK. The Law Commission of the UK, in a final report published in May 2025, has recommended that electronic wills should be valid, subject to them meeting an additional formality requirement that will protect the testator and the security of the will.
While Blockchain wills can be made, they are not recognized under the Wills Act, 1837, as they fail to meet the requirements.
While in the USA, as of April 2022,10 states recognize electronic wills that have never been reduced to paper. Four States, i.e., Colorado, North Dakota, Utah, and Washington, follow the Uniform Electronic Wills Act,2019, and the other six states, which are Arizona, Florida, Illinois, Indiana, Maryland, and Nevada, have enacted their own non-uniform e-will acts. With the recognition of e-wills, there is increased interest in integrating them with blockchain technology as a way to ensure better security and transparency, but as of now, there is no concrete legislation, and everything remains experimental.
As of Dec 2024, in Canada, British Columbia is the first, and so far only, province to have enacted legislation recognizing electronic wills as valid forms of testamentary instruments, having done so on December 1, 2021.
In India, in the case of Sayar Kumari v. State and Ors. (2009), a video recording of the will’s execution was accepted as valid evidence by the Delhi High Court. And in another instance where the deceased had executed an oral will which was duly recorded in the presence of a witness. The appellant contended that the will does not adhere to the requirements mentioned in the Indian Succession Act, 1925, and should not be described as a will. The judge was of the view that an oral statement recorded on an electronic medium is a document. While the case had other problems and is sub-judice before another bench, the judge had held that a court cannot hold that a video-recorded will is not a will in the eyes of the law.
Such a liberal stance shows and reinforces the belief in technological advances for the betterment of estate planning. Even though India currently does not recognize e-wills, such progressive court judgements show that there is hope in the near future that it will soon do so.
Why Electronic Wills and Blockchain Technology is needed
When a disaster like the Covid-19 pandemic struck it, everyone was unprepared and, in an environment where death is lurking all around and everyone is scared for their lives, making a traditional will became arduous, as everything was shut down and no one could meet each other in person. The Pandemic made us more technology-driven with increased use of net banking, online transactions, and digital investments such as NFTs, cryptocurrency etc. , so why should succession planning be left behind.
An Electronic Will would make this process of estate planning:
- More Accessible: Could be done from anywhere in the world, as only virtual presence and signatures are needed. It would be especially favourable to people who are homebound.
- Increased Security: It would be easier to save them through various online security methods, and it would also be harder to misplace or damage them.
- Accuracy: Electronic wills are more accurate due to various online tools and templates that are available.
- Cost Efficient: With no need for paperwork, decreased legal office visits, and easy storage , lower costs are acquired by the testator.
- Environmentally Friendly: With the reduced use of paper and other physical sources , e-wills are eco-friendly in nature.
The Traditional system of estate planning is prone to many predicaments, such as fraud, loss of documents, forgery, prolonged probate process, and lack of transparency. It is easier to contest a traditional will because of all these challenges, and this all leads to beneficiaries not getting their inheritance for months and sometimes years.
If blockchain technology is introduced to estate planning:
- It would be harder to contest a will, as it ensures complete transparency and visibility.
- It would also make the transfer of digital assets such as cryptocurrencies very easy, which was otherwise difficult to trace and transfer without proper documentation.
- It would also be cost-efficient due to the removal of any kind of intermediaries required during the transfer of assets.
- With thousands of people moving to different countries each year due to various reasons such as jobs, health etc., blockchain technology would make inheritance trouble-free. They could have access and validate their inheritance rights from any location around the world.
How Can Blockchain Technology Help in Estate Planning?
Blockchain is a shared, immutable digital ledger, enabling the recording of transactions and the tracking of assets within a business network and providing a single source of truth. Blockchain operates as a decentralized distributed database, with data stored across multiple computers, making it resistant to tampering. Since all transactions are visible and traceable , it ensures transparency , increased security and accountability.
Smart Contract is a self-executing program that automates the actions required in a blockchain transaction. Once completed, the transactions are trackable and irreversible. The best way to describe a smart Contract is that it is like a vending machine. This automation allows for systematic transactions without the need for any middlemen or intermediaries like lawyers or banks.
How can Smart Contracts be Used in Estate Planning
- Automating Inheritance Distribution: A smart Contract can be programmed to be executed automatically when certain conditions are met, such as:
- Proof of death: Once the testator’s death is confirmed, the transfer of assets can take place to the beneficiaries
- Age or Event-Based Triggers: Smart contracts can be programmed to be executed when the beneficiary is of a particular age or completes a specific event in lie, such as marrying or getting a job.
- Periodic Distributions: Smart contracts can distribute assets over time rather than all at once, according to the wishes of the testator.
- Securing Digital Assets: As our digital presence increases due to various factors such as social media, digital investments etc., smart contracts offer a way to secure these assets for inheritance.
- Avoiding Probate: Probate is a court-supervised process of managing assets, and it can be expensive and inefficient. Smart Contracts can bypass probate, saving both time and money.
Pros of Smart Contracts in Estate Planning
- Quicker Asset Distribution: Smart Contracts are automated, and the beneficiaries can easily get their inheritance without any delay due to court processes.
- Cost Efficiency: Since no middlemen like banks, lawyers, etc. are needed the costs reduce drastically.
- Increased Security and Transparency: Blockchain technology provides high security because smart contracts cannot be tampered with and all transactions are done according to the testator’s wishes and instructions.
Cons of Smart Contracts in Estate Planning
- Difficulty in Programming Complex Estates: It might be difficult to translate complex wishes into code, such as smart contracts might not be able to understand and handle complex family relations and intricate details.
- Lack of legal recognition and regulation: Smart Contracts are fairly new, and due to the that no country recognises them or has a regulatory framework to monitor them.
- Digital illiteracy and lack of awareness: In many low-income countries, people suffer from digital illiteracy, and it might be hard for them to engage in modern ways of estate planning. Additionally, due to this being new, people are not properly aware of its functions and implications.
- Issue of Irrevocability: Smart Contracts are made to be immutable, if the testator changes their mind, it might be complicated to amend the smart contract or if some error occurs, it might lead to unintended distribution of assets, which is irreversible.
Suggestions
Legal Reforms needed to incorporate Electronic Wills and Blockchain Technology into Current Indian Succession Laws
To incorporate electronic wills and Blockchain Technology into Indian Succession framework we would need a combination of technological infrastructure development, legislative reforms along with public awareness.
- Indian Succession Act,1925
Currently, Wills are required to be in writing, signed by the testator and attested by two witnesses. A provision acknowledging an electronic will allowing digital signatures,
Remote witnessing and electronic storage in certified digital formats need to be added.
- Bharatiya Sakshya Adhiniyam (BSA), 2023
It requires the presence of at least one witness who has attested to the will to prove it. This provision needs to include the fact that the witness can also be present virtually and a physical presence is not mandatory.
- Information Technology Act, 2000
This excludes wills as defined under section 2(h) of the Indian Succession Act, 1925, from its ambit of electronic records and digital signatures. Inclusion of will into the ambit of electronic records and digital signatures needs to be executed.
Blockchain Technology could be introduced into the succession laws but further modernizing the estate planning and probate measures. A Blockchain-based registry of wills that is administered by a government agency like the Registrar of Wills could be established to allow people to register their electronic wills. To further ensure their safety and prevent potential misuse, identity verification mechanisms such as Aadhar-based biometric verification could be used. Access to the will would only be given after the official death certificate of the testator is provided or through biometric verification.
But most important is public awareness and digital literacy. In India, most people don’t even know about basic digital tools let alone advanced concepts like electronic will and blockchain technology. All these policy changes and modernization of estate planning infrastructure is of no use if people don’t know about it or don’t know how to use it. The government would need to invest in digital literacy programs , awareness campaigns and legal aid services to make this transition a successful one. They should, along with organizations such as the state bar council, and NGOs, spread awareness and educate the citizens. In addition to all this, the process of making the e-will and the platforms designed to store them should be customer-friendly and easy to navigate.
Conclusion
As India marches toward digital transformation, the legal systems have to evolve concomitantly to meet the demands of a tech-driven society. Estate planning, which traditionally depended on physical documents and lengthy probate procedures, greatly opens up to benefits from the incorporation of electronic wills and blockchain technology. Electronic wills provide accessibility, efficiency, and economy, which, in a way, are essentially needed today, especially in the context of the pandemic-induced coronavirus crisis where remote legal services have become the norm. Going one step further, blockchain, with its decentralized and tamper-proof ledger, can record testamentary documents through smart contracts, guaranteeing their authenticity, transparency, and security, with the automated transfer of assets.
A series of legislative reforms apart from infrastructural readiness and public awareness are required for this paradigm shift in estate planning. There will have to be a change made in the Indian Succession Act, Information Technology Act, and other relevant laws of evidence so that electronic wills and the use of blockchain can be recognized and regulated by law. Digital literacy must also be promoted and the creation of a secure and user-friendly platform must be undertaken to ensure higher acceptability amongst the citizens.
By tackling these problems way ahead of time, India can ensure a 21st-century facelift to the estate planning system, cut down on inheritance disputes, and uphold the rights of beneficiaries. The digital makeover gets the process worldwide acceptance so that the Indian succession laws stay relevant and resilient through the 21st century.
Anika Surana
Institute of Law, Nirma University